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Model Agency Contract for the United States

Model Agency Contract Template for United States

A Model Agency Contract is a legally binding agreement used in the United States that establishes the professional relationship between a modeling agency and a model. This document outlines the terms of representation, including commission rates, scope of services, territorial rights, and obligations of both parties. It incorporates relevant federal and state labor laws, FTC guidelines, and industry-specific regulations, particularly important in major markets like New York and California.

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Model Agency Contract

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What is a Model Agency Contract?

The Model Agency Contract serves as the foundational document governing the business relationship between modeling agencies and their represented talent in the United States. This contract is essential for establishing clear expectations, protecting both parties' interests, and ensuring compliance with relevant state and federal regulations. The document typically includes detailed provisions about commission structures, booking procedures, exclusivity terms, and image rights. It's particularly crucial in major modeling markets like New York and California, where specific state laws apply to talent representation.

What sections should be included in a Model Agency Contract?

1. Parties: Identification of the model agency and model with full legal names and addresses

2. Background: Context of the agreement and general purpose

3. Definitions: Key terms used throughout the agreement

4. Scope of Representation: Details of services provided by agency and territories covered

5. Commission Structure: Agency fees and payment terms

6. Term and Termination: Duration of agreement and conditions for ending it

7. Model's Obligations: Responsibilities and commitments of the model

8. Agency's Obligations: Responsibilities and commitments of the agency

9. Intellectual Property Rights: Terms regarding ownership and usage of images and content

10. Confidentiality: Terms regarding confidential information and trade secrets

11. Governing Law: Applicable law and jurisdiction for the agreement

What sections are optional to include in a Model Agency Contract?

1. International Representation: Terms for international bookings and foreign agency relationships

2. Digital Rights: Terms for social media and online content usage

3. Parent/Guardian Provisions: Additional terms and requirements for underage models

4. Non-Compete Provisions: Restrictions on working with other agencies

5. Insurance Requirements: Specific insurance obligations for either party

What schedules should be included in a Model Agency Contract?

1. Schedule A - Commission Rate Schedule: Detailed breakdown of commission rates for different types of work

2. Schedule B - Model's Portfolio: Current photographs and measurements of the model

3. Schedule C - Code of Conduct: Expected behavioral standards and professional conduct guidelines

4. Schedule D - Territory Schedule: List of geographical areas where agency has exclusive rights

5. Schedule E - Approved Usage Rights: Specific terms for usage of model's images and content

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Agency Agreement

Cost

Free to use
Clauses

































Industries

Fair Labor Standards Act (FLSA): Federal law establishing minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in government

Independent Contractor Regulations: IRS guidelines determining worker classification and tax obligations for independent contractors versus employees

Immigration and Work Authorization Laws: Federal regulations governing work eligibility and required documentation for non-U.S. citizens

Federal Tax Laws: Regulations regarding income tax withholding, social security, and Medicare contributions for both agencies and models

Equal Employment Opportunity Laws: Federal laws prohibiting discrimination based on race, color, religion, sex, national origin, disability, or age in the modeling industry

Age Discrimination in Employment Act: Federal law protecting workers 40 and older from employment discrimination based on age

Child Labor Laws: Federal and state regulations governing the employment of minors, including work hours, conditions, and special permits required for child models

State Labor Laws: State-specific regulations governing employment relationships, working conditions, and worker protections

State-Specific Modeling Regulations: Particular requirements for modeling agencies in states like New York and California, including licensing and operational standards

FTC Guidelines: Federal Trade Commission regulations regarding advertising, endorsements, and disclosure requirements in modeling work

SAG-AFTRA Regulations: Screen Actors Guild喙偮聬American Federation of Television and Radio Artists rules that may apply to models in certain types of work

Right of Publicity Laws: State laws protecting an individual's right to control and profit from commercial use of their name, image, and likeness

Copyright Laws: Federal protections for creative works, including photographs and advertising materials featuring models

Commission Rate Regulations: State-specific rules governing permissible agency commission rates and fee structures

Agency Disclosure Requirements: Legal obligations for agencies to disclose terms, conditions, and fees to models

Model Health and Safety Regulations: Laws and regulations protecting models' health, safety, and working conditions

Insurance Requirements: Legal obligations for liability insurance and other coverage required for modeling agencies and their clients

Non-Compete Restrictions: State-specific limitations on non-compete clauses in modeling contracts

Payment Timing Requirements: State laws governing the timing and manner of payment for modeling services

Common Law Contract Principles: Basic legal principles governing contract formation, including offer, acceptance, consideration, and capacity to contract

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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